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Theme 5: The constitutional and legal framework of legal liability for



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Theme 5: The constitutional and legal framework of legal liability for
corruption offenses


Plan
1. Constitutional rights and freedoms of man and citizen in the Republic of Kazakhstan
2. Individual rights and freedoms and their protection from corruption offenses
3. Social, economic and cultural rights and freedoms and their protection from corruption offenses
4. Political rights and freedoms and their protection from corruption offenses


1. Constitutional rights and freedoms of man and citizen in the Republic of Kazakhstan

The Constitution of the Republic of Kazakhstan regulates the most important relationship - the relationship between the individual and the state. The system of relations functioning legal institution called "The legal status of the individual."


Collegiate legal status of an individual is defined as a system recognized and guaranteed by the state in law the rights, freedoms and duties, as well as the legitimate interests of the person as a subject of rights. Rights and freedoms are the social opportunities of a citizen, recognized and backed by the state, duties - the claims of the state to the citizen, his behavior *.
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* См.: Большой юридический словарь. – М.: ИНФРА-М. – 2002. – С.466.

Thus, the legal status of the person - is a set of rights, freedoms and duties of the citizen, as well as legal guarantees for their implementation.


The rights and freedoms, as an integral component of the legal status of the individual is recognized as a socially significant political and legal phenomenon as a factor determining the spiritual and moral essence of man's value at all.


Human rights and freedoms prescribed in the Constitution of the Republic of Kazakhstan are called constitutional. This situation means the following:


- The Constitution of the Republic of Kazakhstan has an impact on all relations developing on the territory of Kazakhstan, regardless of the presence or absence of the subject with regard to nationality;
- The Constitution of the Republic of Kazakhstan has the highest legal force. No other law can not affect the legal content and the value of the rights and freedoms of man and citizen, if they are spelled out in the Constitution of the Republic of Kazakhstan;
- The implementation of these rights and freedoms guaranteed by the Constitution of the Republic of Kazakhstan as the regulations and the provisions of other legal acts (laws, decrees, codes, departmental acts).
Constitutional rights and freedoms are divided into groups:
1) personal rights and freedoms;
2) social, economic and cultural rights and freedoms;
3) political rights and freedoms.
Divide into groups of human rights and freedoms is conditional. There are different classifications for different reasons.
All the rights and freedoms of the individual are among themselves in close connection and interdependence. This fact is the basis for the assertion that no law and no freedom can not be opposed to the other rights and freedoms.
Illegal encroachment on the integrity and safety of any constitutional rights or of any constitutional freedom generally means an encroachment on the legal status of the individual. A person guilty of unlawful assault carries a statutory responsibility. Illegal encroachment can wear corrupt character.


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